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Tag Archives: employee safety
“Best HR, Legal, Safety & Leadership Stuff I Read Last Week”
I’m still working on how to summarize my large volume of Tweets of great material from EHS, TLNT, HBR and others. Until I come up with a better method, I’ll periodically prepare this sort of digest. I hope that my … Continue reading
Posted in attitude/culture, cultural changes, employee engagement, employer policies, generational differences, management and leadership, safety programs, supervisor development
Tagged employee attitudes, employee safety, employer policies, generational differences, managing younger workers, Myers-Briggs, Reading, supervisor development, understanding your employees
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OSHA Warning: Don’t Get Caught In a Trap!
It’s nice to see that more and more employers and their publications are raising the legal and practical concerns associated with reliance on “lagging indicators,” such as recordable injuries to manage and evaluate safety programs. Go to the Blog of … Continue reading
It Took 12 Years To Decide That’s Not Willful?!
Let’s continue our discussion of employer “Willful” behavior. OSHA can be inconsistent in its application of the classification, and it is often up to the employer to establish the distinction between “serious” and “willful” behavior during and after an OSHA … Continue reading
Posted in construction, government inspections, OSHA, willful
Tagged challenging osha willful classification, difference between willful and serious osha citations, employee safety, managing an osha inspection, managing osha multiemployer workplaces, OSHA Inspections, what is a willful citation?
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You Can Win ADA Claims- Show Individualized Analysis and No Knee-Jerk Decisions
Today, the Eight Circuit handed down a well-reasoned decision in plaintiff’s appeal of its loss in an ADA and State Whistleblower claim. A locomotive machinist was sent for examination and not allowed to return to work after being diagnosed with … Continue reading
Posted in ADA, discipline and discharge, EEOC, whistleblower/retaliation
Tagged accomodating injured workers, ADA, COURT FINDS THAT EMPLOYEE COULDN'T PERFORM ESSENTIAL FUNCTIONS, discrimination claims, EEOC, employee safety, how to prove that an employee could not perform the essential functions of the job, Return to Duty, road map to defending ADA claims
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Focus on Wellness: For Our Workers, It’s a Critical Life or Death Issue
When I started this Blog, I wanted to post analysis and suggestions which were different or more practical than some of the Employment Law, Safety and Labor Articles out there. I did not want to simply repeat what others were already effectively … Continue reading
Posted in ADA, aging workforce, cultural changes, EEOC, employer benefit plans, employer policies, generational differences, incentive plans, Patient Protection and Affordable Care Act of 2010, wellness, workers comp
Tagged accomodating injured workers, ADA, controlling workers comp costs, do wellness plans reduce workplace injuries?, employee attitudes, employee safety, employer benefit plans, employer policies, generational differences, managing younger workers, obese workers experience more injuries, Patient Protection and Affordable Care Act of 2010
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Attractive Women! Retaliation Claims! Social Media! Mixed Drinks! In a Wage-Hour Case?
Ok… I admit to sounding like a British tabloid writer. However, how often can one discuss a Fair Labor Standards Act (FLSA) case set in an upscale bar, involving allegations of retaliation and threatening social media posts? I suspect that wage-hour … Continue reading
Posted in discipline and discharge, EEOC, employer policies, government inspections, hospitality, social media, wage hour, whistleblower/retaliation, workplace violence
Tagged can a boss' threats constitute workplace violence?, employee safety, fast food restaurants, nlrb and social media, social media, threats on facebook
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Worst Case Scenario – National Claims and a Painful Ergonomic Settlement
This is a sobering Blog. There are legitimate workplace safety concerns involving ergonomic issues in many industries, but how would you like to be on the receiving end of the attacks described below? Let’ discuss the most recent development in … Continue reading
Posted in aging workforce, concerted protected activity, cultural changes, employer policies, government inspections, hospitality, incentive plans, OSHA, retail, social media, union organizing, unions, wellness, workers comp
Tagged accomodating injured workers, Cal-OSHA obtains ergonomic concessions from hotel, concerted protected activity, controlling workers comp costs, discrimination claims, employee attitudes, employee safety, employer policies, ergonomic claims against hospitality employers, fast food restaurants, hotels, OSHA Inspections, social media, union corp[orate campaigns, union organizing, UNITE-HERE
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OSHA WILL Go After You If They Don’t Like Your Policies On Discipline For Not reporting Injuries
OSHA Region V recently gave a presentation on their focus on retaliation cases, including an intense scrutiny of rules and discipline related to failure to timely report workplace injuries. These comments reflect the OSHA National emphasis I keep harping about … Continue reading
Posted in aging workforce, discipline and discharge, employer policies, government inspections, incentive plans, OSHA, whistleblower/retaliation
Tagged accomodating injured workers, controlling workers comp costs, discipline for failure to report an injury, discrimination claims, employee safety, employer policies, osha and safety incentives, OSHA Inspections, osha whistleblower and safety rules
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Wash Your $!&# Hands! Employers and the Flu
The CDC reports that the current flu season will be the worst one in recent years. On January 9, news outlets carried stories about the City of Boston declaring a state of public health emergency and of Chicago hospitals having … Continue reading
Posted in aging workforce, concerted protected activity, cultural changes, discipline and discharge, EEOC, employer benefit plans, employer policies, food processing, generational differences, government inspections, hospitality, managing legal matters, manufacturing, NLRB, OSHA, retail, social media, union organizing, unions, wellness
Tagged ADA, ada and flu vaccine, concerted protected activity, controlling workers comp costs, discrimination claims, EEOC, employee safety, employer benefit plans, employer flu policies, employer policies, fast food restaurants, infectious disease, managing younger workers, mandatory flu vaccines, nlrb and flu vaccine, nlrb and social media, religious discrimination claims and vaccination, requiring flu vaccines
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Confusion About Safety Incentive Plans – Legal or Illegal?
Questions about Safety Incentive Plans have resurfaced in a number of discussions and blogs because of OSHA’s steadily increasing rhetoric against safety incentive programs that rely on injury data and/or whose incentives OSHA deems to be of sufficient magnitude to … Continue reading
Posted in aging workforce, construction, discipline and discharge, employer policies, government contracting, government inspections, incentive plans, manufacturing, OSHA, plastics, workers comp
Tagged attacks on safety incentive plans, discrimination claims, disparate impact, employee safety, employer benefit plans, employer policies, Fairfax osha memo on safety incentive plans, lawful safety incentive plans, osha and safety incentives, OSHA Inspections, retaliation against employees for reporting injuries, safety incentive plans
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